BILL NUMBER: AB 52	CHAPTERED
	BILL TEXT

	CHAPTER  529
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2010
	PASSED THE SENATE  AUGUST 31, 2010
	PASSED THE ASSEMBLY  AUGUST 31, 2010
	AMENDED IN SENATE  AUGUST 30, 2010
	AMENDED IN SENATE  AUGUST 9, 2010
	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN SENATE  JUNE 16, 2010
	AMENDED IN SENATE  JUNE 24, 2009
	AMENDED IN ASSEMBLY  JUNE 2, 2009
	AMENDED IN ASSEMBLY  APRIL 1, 2009
	AMENDED IN ASSEMBLY  MARCH 5, 2009

INTRODUCED BY   Assembly Member Portantino
   (Principal coauthor: Assembly Member Anderson)
   (Principal coauthor: Senator Alquist)
   (Coauthors: Assembly Members Bass, Block, Blumenfield, Buchanan,
Cook, Huffman, Jones, Ma, Salas, Swanson, and Torlakson)
   (Coauthors: Senators DeSaulnier, Leno, Padilla, Price, and Yee)

                        DECEMBER 2, 2008

   An act to amend Sections 1627, 1628, and 1630 of, and to amend,
repeal, and add Sections 102247, 103605, and 103625 of, the Health
and Safety Code, relating to umbilical cord blood banking, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 52, Portantino. Umbilical Cord Blood Collection Program.
   Existing law requires the State Department of Public Health to
establish, by January 1, 2010, and until January 1, 2015, the
Umbilical Cord Blood Collection Program for the purpose of increasing
the amount of umbilical cord blood that is donated in the state and
that will be added to the national inventory. Existing law authorizes
the department, to the extent private or public funds are identified
for this purpose, to contract with blood banks that are licensed or
accredited to provide umbilical cord blood banking storage services,
for the purpose of collecting and storing umbilical cord blood.
   This bill would, instead, request the University of California to
establish and administer the Umbilical Cord Blood Collection Program
on or before July 1, 2011, to conclude no later than January 1, 2018,
for the purpose of collecting units of umbilical cord blood for
public use, as defined, for transplantation and for providing
nonclinical units for specified research.
   Existing law provides that any funds made available for purposes
of the program shall be deposited into the Umbilical Cord Blood
Collection Program Fund. Existing law provides that moneys in the
fund shall be available, upon appropriation by the Legislature, for
purposes of the program. Existing law provides that the fund shall
include any federal, state, and private funds made available for
purposes of the program.
   Existing law requires the collection of a $7 fee for certified
copies of birth certificates.
   Under existing law, $4 of the $7 fee is allocated to either the
county Children's Trust Fund or to the State Children's Trust Fund,
which exists in the State Treasury. Existing law requires that the
money in the State Children's Trust Fund, upon appropriation by the
Legislature, be allocated to the State Department of Social Services
for the purpose of funding child abuse and neglect prevention and
intervention programs, as specified.
   This bill would, instead, until January 1, 2018, require the
collection of a $9 fee for certified copies of birth certificates and
require that $2 of any $9 fee be paid to the Umbilical Cord Blood
Collection Program Fund.
   This bill would declare that it is to take effect immediately as
an urgency statute.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Although rich in stem cells known as hematopoietic stem and
progenitor cells (HSPCs), the blood within the umbilical cord and
placenta is mostly discarded as medical waste following the birth of
a child. The relatively small number of units of cord blood that are
stored for transplantation are used to treat blood cancers, such as
leukemia, myeloma, and lymphoma, and more than 70 inherited
immunodeficiencies and other genetic and acquired blood diseases,
including sickle cell anemia, thalassemias, hemoglobinopathies,
aplastic anemias, marrow failure disorders, and inherited disorders
or errors of metabolism.
   (b) Conducted after birth, the cord blood donation procedure is
quick, painless, and risk free to the child and mother. The harvested
cord blood is immediately shipped, processed, sorted, labeled,
stored, and frozen. Since the first transplant in 1988, as its use
for transplantation has steadily increased, the unique handling of
cord blood has been the subject of both recent and pending regulation
by the United States Food and Drug Administration (FDA).
   (c) Although only one-third of all harvested cord blood has
sufficient stem cells to be suitable for transplantation as currently
practiced, the rest may be valuable to university-based and private
research facilities that continue to search for cures for some of our
most common and perplexing medical conditions. The uses for cord
blood are quickly evolving and have created great excitement among
researchers and physicians. For example, cord blood derived from stem
and progenitor cells may also be particularly suitable candidates
for conversion into induced pluripotent stem cells (IPSCs) derived by
modifying only four stem cell-associated genes. This modification
causes the cord blood stem cells to exhibit the essential
characteristics of embryonic stem (ES) cells, the potential to
differentiate into all tissues of the body. Since cord blood stem and
progenitor cells per se are very early cells that have great
proliferative capacity, and they already are banked for public use,
tested, and HLA-typed, they could well become the premier source of
optimal cells to convert to IPSCs and might, arguably, provide an
individual a lifetime of personalized replaceable tissue.
   (d) Cord blood units that are appropriate for transplantation are
used to treat more than 70 lethal diseases, but the current inventory
is not only unable to accommodate the overall demand, but especially
fails to properly provide matched units for many ethnic and racial
groups, including multicultural individuals. According to the United
States Government Accountability Office (GAO) and the National Marrow
Donor Program, over 10,000 children and adults in the United States
would benefit annually from a transplant from someone unrelated to
them, but less than 30 percent actually receive one largely due to an
inadequate inventory.
   (e) Unlike bone marrow, cord blood can provide good clinical
outcomes with less than a perfect match to the patient. However, to
transplanting physicians, both options are considered valuable. A
bone marrow donation requires an exact match and a live donor who is
willing and available to undergo a time-sensitive medical procedure.
With targeted collections and an adequate inventory, cord blood can
be stored frozen and made immediately available upon need. This
source of stem cells provides all races, ethnicities, and multiracial
individuals with an equal probability of a suitable match.
   (f) The goal of the California Umbilical Cord Blood Collection
Program is to increase the number of high quality umbilical cord
blood units from donors of diverse ethnic groups so that a suitable
match can by found for all patients in need of a transplant.
   (g) The federal government established the C.W. Bill Young Cell
Transplantation Program (42 U.S.C. Sec. 274k) in part to collect and
maintain cord blood for public use in transplantation and research.
The goal of the federal program is to collect 150,000 genetically
diverse units in an effort to provide patients of all ethnicities an
equal probability of receiving a clinical grade, suitably matched
unit of umbilical cord blood. The program, implemented by the Health
Resources and Services Administration (HRSA) which is part of the
United States Department of Health and Human Services, has specified
target collection goals for cord blood units that will match patient
populations that are underrepresented in the national inventory.
   (h) California has been a leader in stem cell research through a
number of previous and ongoing efforts. For example, California
pioneered the first sibling donor cord blood pilot project, and is a
world leader in the more general area of stem cell research and its
medical applications through the establishment and funding of the
California Institute of Regenerative Medicine (CIRM). This makes
California ideally situated to become the leader in harnessing the
therapeutic potential of nonhematopoietic cord blood-derived stem and
progenitor cells.
   (i) Furthermore, California is home to the most ethnically diverse
population in the world with the highest birth rate in the nation of
550,000 per year. Cord blood donations from California will not only
serve the health needs of Californians, but help build a more
diverse inventory that can provide better matches for patients
throughout the world.
   (j) In addition to directly saving lives, an increase in the
inventory of FDA-licensed cord blood stem cell units will save the
state, insurers, donors, and patients significant money now being
spent on lifetime treatments and relieve ongoing pain and anguish of
affected patients and their families.
  SEC. 2.  Section 1627 of the Health and Safety Code is amended to
read:
   1627.  (a) (1) On or before July 1, 2011, the University of
California is requested to develop a plan to establish and administer
the Umbilical Cord Blood Collection Program for the purpose of
collecting units of umbilical cord blood for public use in
transplantation and providing nonclinical units for research
pertaining to biology and new clinical utilization of stem cells
derived from the blood and tissue of the placenta and umbilical cord.
The program shall conclude no later than January 1, 2018.
   (2) For purposes of this article, "public use" means both of the
following:
   (A) The collection of umbilical cord blood units from genetically
diverse donors that will be owned by the University of California.
This inventory shall be accessible by the National Registry and by
qualified California-based and other United States and international
registries and transplant centers to increase the likelihood of
providing suitably matched donor cord blood units to patients or
research participants who are in need of a transplant.
   (B) Cord blood units with a lower number of cells than deemed
necessary for clinical transplantation and units that meet clinical
requirements, but for other reasons are unsuitable, unlikely to be
transplanted, or otherwise unnecessary for clinical use, may be made
available for research.
   (b) (1) In order to implement the collection goals of this
program, the University of California may, commensurate with
available funds appropriated to the University of California for this
program, contract with one or more selected applicant entities that
have demonstrated the competence to collect and ship cord blood units
in compliance with federal guidelines and regulations.
   (2) It is the intent of the Legislature that, if the University of
California contracts with another entity pursuant to this
subdivision, the following shall apply:
   (A) The University of California may use a competitive process to
identify the best proposals submitted by applicant entities to
administer the collection and research objectives of the program, to
the extent that the University of California chooses not to undertake
these activities itself.
   (B) In order to qualify for selection under this section to
receive, process, cryopreserve, or bank cord blood units, the entity
shall, at a minimum, have obtained an investigational new drug (IND)
exemption from the FDA or a biologic license from the FDA, as
appropriate, to manufacture clinical grade cord blood stem cell units
for clinical indications.
   (C) In order to qualify to receive appropriate cord blood units
and placental tissue to advance the research goals of this program,
an entity shall, at a minimum, be a laboratory recognized as having
performed peer-reviewed research on stem and progenitor cells,
including those derived from placental or umbilical cord blood and
postnatal tissue.
   (3) A medical provider or research facility shall comply with, and
shall be subject to, existing penalties for violations of all
applicable state and federal laws with respect to the protection of
any medical information, as defined in subdivision (g) of Section
56.05 of the Civil Code, and any personally identifiable information
contained in the umbilical cord blood inventory.
   (c) The University of California is encouraged to make every
effort to avoid duplication or conflicts with existing and ongoing
programs and to leverage existing resources.
   (d) (1) All information collected pursuant to the program shall be
confidential, and shall be used solely for the purposes of the
program, including research. Access to confidential information shall
be limited to authorized persons who are bound by appropriate
institutional policies or who otherwise agree, in writing, to
maintain the confidentiality of that information.
   (2) Any person who, in violation of applicable institutional
policies or a written agreement to maintain confidentiality,
discloses any information provided pursuant to this section, or who
uses information provided pursuant to this section in a manner other
than as approved pursuant to this section, may be denied further
access to any confidential information maintained by the University
of California, and shall be subject to a civil penalty not exceeding
one thousand dollars ($1,000). The penalty provided for in this
section shall not be construed to limit or otherwise restrict any
remedy, provisional or otherwise, provided by law for the benefit of
the University of California or any other person covered by this
section.
   (3) Notwithstanding the restrictions of this section, an
individual to whom the confidential information pertains shall have
access to his or her own personal information.
   (e) It is the intent of the Legislature that the plan and
implementation of the program provide for both of the following:
   (1) Limit fees for access to cord blood units to the reasonable
and actual costs of storage, handling, and providing units, as well
as for related services such as donor matching and testing of cord
blood and other programs and services typically provided by cord
blood banks and public use programs.
   (2) The submittal of the plan developed pursuant to subdivision
(a) to the health and fiscal committees of the Legislature.
   (f) It is additionally the intent of the Legislature that the plan
and implementation of the program attempt to provide for all of the
following:
   (1) Development of a strategy to increase voluntary participation
by hospitals in the collection and storage of umbilical cord blood
and identify funding sources to offset the financial impact on
hospitals.
   (2) Consideration of a medical contingency response program to
prepare for and respond effectively to biological, chemical, or
radiological attacks, accidents, and other public health emergencies
where victims potentially benefit from treatment.
   (3) Exploration of the feasibility of operating the program as a
self-funding program, including the potential for charging users a
reimbursement fee.
  SEC. 3.  Section 1628 of the Health and Safety Code is amended to
read:
   1628.  (a) The University of California may accept public and
private funds for the purpose of implementing this article.
   (b) The Umbilical Cord Blood Collection Program Fund is hereby
created in the State Treasury. Any fees collected pursuant to Section
103625 shall be deposited into the fund. Moneys in the fund shall be
available, upon appropriation by the Legislature, for purposes of
this article.
   (c) The fund may include additional federal, state, and private
funds made available for purposes of the program, including, but not
limited to, the fees collected for the fund pursuant to Section
103625, and, notwithstanding Section 16305.7 of the Government Code,
any interest earned on moneys in the fund.
   (d) (1) Funds shall be appropriated for the purposes of this
article to the extent the plan the University of California is
requested to develop pursuant to subdivision (a) of Section 1627 and
the implementation of the plan are consistent with the goals and
intent of this article.
   (2) In the event that funds are not appropriated for the program
as described in this article, it is the intent of the Legislature
that the University of California shall not implement the program.
  SEC. 4.  Section 1630 of the Health and Safety Code is amended to
read:
   1630.  This article shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 5.  Section 102247 of the Health and Safety Code is amended to
read:
   102247.  (a) There is hereby created in the State Treasury the
Health Statistics Special Fund. The fund shall consist of revenues,
including, but not limited to, all of the following:
   (1) Fees or charges remitted to the State Registrar for record
search or issuance of certificates, permits, registrations, or other
documents pursuant to Chapter 3 (commencing with Section 26801) of
Part 3 of Division 2 of Title 3 of the Government Code, and Chapter 4
(commencing with Section 102525), Chapter 5 (commencing with Section
102625), Chapter 8 (commencing with Section 103050), and Chapter 15
(commencing with Section 103600) of Part 1 of Division 102.
   (2) Funds remitted to the State Registrar by the federal Social
Security Administration for participation in the enumeration at birth
program.
   (3) Funds remitted to the State Registrar by the National Center
for Health Statistics pursuant to the federal Vital Statistics
Cooperative Program.
   (4) Any other funds collected by the State Registrar, except
Children's Trust Fund fees collected pursuant to Section 18966 of the
Welfare and Institutions Code, Umbilical Cord Blood Collection
Program Fund fees collected pursuant to Section 1628, fees allocated
to the Judicial Council pursuant to Section 1852 of the Family Code,
and fees collected pursuant to Section 103645, all of which shall be
deposited into the General Fund.
   (b) Moneys in the Health Statistics Special Fund shall be expended
by the State Registrar for the purpose of funding its existing
programs and programs that may become necessary to carry out its
mission, upon appropriation by the Legislature.
   (c) Health Statistics Special Fund moneys shall be expended only
for the purposes set forth in this section and Section 102249, and
shall not be expended for any other purpose or for any other state
program.
   (d) It is the intent of the Legislature that the Health Statistics
Special Fund provide for the following:
   (1) Registration and preservation of vital event records and
dissemination of vital event information to the public.
   (2) Data analysis of vital statistics for population projections,
health trends and patterns, epidemiologic research, and development
of information to support new health policies.
   (3) Development of uniform health data systems that are
integrated, accessible, and useful in the collection of information
on health status.
   (e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 6.  Section 102247 is added to the Health and Safety Code, to
read:
   102247.  (a) There is hereby created in the State Treasury the
Health Statistics Special Fund. The fund shall consist of revenues,
including, but not limited to, all of the following:
   (1) Fees or charges remitted to the State Registrar for record
search or issuance of certificates, permits, registrations, or other
documents pursuant to Chapter 3 (commencing with Section 26801) of
Part 3 of Division 2 of Title 3 of the Government Code, and Chapter 4
(commencing with Section 102525), Chapter 5 (commencing with Section
102625), Chapter 8 (commencing with Section 103050), and Chapter 15
(commencing with Section 103600) of Part 1 of Division 102.
   (2) Funds remitted to the State Registrar by the federal Social
Security Administration for participation in the enumeration at birth
program.
   (3) Funds remitted to the State Registrar by the National Center
for Health Statistics pursuant to the federal Vital Statistics
Cooperative Program.
   (4) Any other funds collected by the State Registrar, except
Children's Trust Fund fees collected pursuant to Section 18966 of the
Welfare and Institutions Code, fees allocated to the Judicial
Council pursuant to Section 1852 of the Family Code, and fees
collected pursuant to Section 103645, all of which shall be deposited
into the General Fund.
   (b) Moneys in the Health Statistics Special Fund shall be expended
by the State Registrar for the purpose of funding its existing
programs and programs that may become necessary to carry out its
mission, upon appropriation by the Legislature.
   (c) Health Statistics Special Fund moneys shall be expended only
for the purposes set forth in this section and Section 102249, and
shall not be expended for any other purpose or for any other state
program.
   (d) It is the intent of the Legislature that the Health Statistics
Special Fund provide for the following:
   (1) Registration and preservation of vital event records and
dissemination of vital event information to the public.
   (2) Data analysis of vital statistics for population projections,
health trends and patterns, epidemiologic research, and development
of information to support new health policies.
   (3) Development of uniform health data systems that are
integrated, accessible, and useful in the collection of information
on health status.
   (e) This section shall become operative on January 1, 2018.
  SEC. 7.  Section 103605 of the Health and Safety Code is amended to
read:
   103605.  (a) The money collected by the State Registrar shall be
deposited with the Treasurer for credit to the Health Statistics
Special Fund, except for the Children's Trust Fund fees collected
pursuant to Section 18966 of the Welfare and Institutions Code, the
Umbilical Cord Blood Collection Program Fund fees collected pursuant
to Section 1628, the fees allocated to the Judicial Council pursuant
to Section 1852 of the Family Code, and the fees collected pursuant
to Section 103645, all of which shall be deposited in the General
Fund.
   (b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 8.  Section 103605 is added to the Health and Safety Code, to
read:
   103605.  (a) The money collected by the State Registrar shall be
deposited with the Treasurer for credit to the Health Statistics
Special Fund, except for the Children's Trust Fund fees collected
pursuant to Section 18966 of the Welfare and Institutions Code, the
fees allocated to the Judicial Council pursuant to Section 1852 of
the Family Code, and the fees collected pursuant to Section 103645,
all of which shall be deposited in the General Fund.
   (b) This section shall become operative on January 1, 2018.
  SEC. 9.  Section 103625 of the Health and Safety Code is amended to
read:
   103625.  (a) A fee of three dollars ($3) shall be paid by the
applicant for a certified copy of a fetal death or death record.
   (b) (1) A fee of three dollars ($3) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of nine dollars ($9) shall be
paid by any other applicant for a certified copy of a birth
certificate. Four dollars ($4) of any nine-dollar ($9) fee is exempt
from subdivision (e) and shall be paid either to a county children's
trust fund or to the State Children's Trust Fund, in conformity with
Article 5 (commencing with Section 18965) of Chapter 11 of Part 6 of
Division 9 of the Welfare and Institutions Code. Two dollars ($2) of
any nine-dollar ($9) fee is exempt from subdivision (e) and shall be
paid to the Umbilical Cord Blood Collection Program Fund in
conformity with Section 1628.
   (2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
   (c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
   (d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
   (e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
   (f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be.
   (g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
   (1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
   (2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
   (3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
   (h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
   (1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
   (2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
   (i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.

   (j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
   (k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
   (l) The additional three dollars ($3) authorized to be charged to
applicants other than public agency applicants for certified copies
of marriage records by subdivision (c) may be increased pursuant to
Section 114.
   (m) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
   (n) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 10.  Section 103625 is added to the Health and Safety Code, to
read:
   103625.  (a) A fee of three dollars ($3) shall be paid by the
applicant for a certified copy of a fetal death or death record.
   (b) (1) A fee of three dollars ($3) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth
certificate that the agency is required to obtain in the ordinary
course of business. A fee of seven dollars ($7) shall be paid by any
other applicant for a certified copy of a birth certificate. Four
dollars ($4) of any seven-dollar ($7) fee is exempt from subdivision
(e) and shall be paid either to a county children's trust fund or to
the State Children's Trust Fund, in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
   (2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
   (c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
   (d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
   (e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
   (f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be.
   (g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
   (1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
   (2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
   (3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
   (h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
   (1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
   (2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
   (i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.

   (j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
   (k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
   (l) The additional three dollars ($3) authorized to be charged to
applicants other than public agency applicants for certified copies
of marriage records by subdivision (c) may be increased pursuant to
Section 114.
   (m) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
   (n) This section shall become operative on January 1, 2018.
  SEC. 11.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
   In order to fund efforts aimed at curing disorders and diseases at
the earliest possible time, it is necessary that this act take
effect immediately.